Rights of the Public: Lessons LearnedFindings from Civil Rights Litigation
Rights of the Public
Remain cognizant of the public’s right to peacefully gather, observe, photograph, record, and/or comment on officer conduct
Why?
As long as there is no threat to the officer’s safety or others, the public does not compromise police actions or physically interfere, and they do not violate the law or incite others to do so, it is within the rights of bystanders or witnesses to gather or observe law enforcement
Refrain from restricting an individual’s freedom during an investigatory stop or detention in any of the following ways (unless there is a basis for justifying the action):
Taking away a person’s identification
Ordering a motorist to exit the vehicle
Placing a pedestrian against a wall
Directing a person to stand or remain standing not of their choosing
Directing a person to lie on the ground
Applying handcuffs
Placing someone in a police vehicle
Frisking
Unholstering or pointing a weapon
Why?
All of these actions or demands infringe upon an individual’s freedom
The information provided above has come directly from the consent decree language, which can be accessed by clicking on each corresponding city’s consent decree. This information is intended to guide departments on decisions and actions to improve their Constitutional policing practices. Additional resources and information may be needed to implement these recommendations successfully. For assistance in implementing recommendations, contact the Knowledge Lab team.
Rights of the PublicResources
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Constitutional Policing as a Cornerstone of Community Policing
Learning more about key issues in constitutional policing and strategies for promoting constitutional policing in daily policing activities
Publication
2016
COPS
Yes
Mental Health & Crisis Intervention, Investigatory Stops, Searches & Seizures
CIT, Diversion programs, Rights of the Public, Conducting Stops, Conducting Searches
An Examination of Racial Disparities in Bicycles Stops and Citations Made by the Tampa Police Department
To investigate charges that racial profiling was behind the disparate number of police stops of African-American bicycle riders by the Tampa Police Department
Publication
Stakeholder's Guide
2016
COPS
Yes
Investigatory Stops
Policy Considerations, Training, Data Collection, Rights of the Public, Conducting Stops
Final Report of the President's Task Force on 21st Century Policing
Reviewing recommendations on building trust and legitimacy, policy and oversight, technology and social media, community policing and crime reduction, officer training and education, and officer safety and wellness
Publication
Law Enforcement, Practitioners, Researchers, Community Groups, Policy Makers
2015
COPS
Yes
Investigatory Stops, Searches & Seizures
Rights of the Public
Law Enforcement Best Practices: Lessons Learned from the Field
Learning more about key areas of community policing, including de-escalation and crisis intervention, and traffic stops
Publication
Law Enforcement, Practitioners, Researchers, Community Groups, Policy Makers
2019
COPS
Yes
Mental Health & Crisis Intervention, Investigatory Stops, Searches & Seizures
CIT, Advisory committee, Conducting Stops, Rights of the Public, Conducting Searches
Program Profile: Procedurally-Just Policing during Traffic Stops (Turkey)
Learning whether procedural justice improves citizens’ perceptions of the police and the law in Turkey
Research
NIJ
Yes
Investigatory Stops
Conducting Stops, Rights of the Public, Training
Importance of Police Community Relationships and Resources for Further Reading
Recommendations for police-community relationship building
Publication
Law Enforcement, Community Members
CRS
Yes
Investigatory Stops, Searches & Seizures
Rights of the Public, Training
Recording Police Activity
Guidance for situations in which officers are being recorded by the public or press, including an example of a model policy regarding the recording of police activity
Tool
2015
IACP
Yes
Investigatory Stops, Searches & Seizures
Rights of the Public
Recording Police Activity: Model Policy
Guidance for situations in which officers are being recorded by the public or press, including an example of a model policy regarding the recording of police activity
Tool
2015
IACP
Yes
Investigatory Stops, Searches & Seizures
Policy Considerations, Rights of the Public
Recording Police Activity: Concepts and Issues Paper
Guidance for situations in which officers are being recorded by the public or press, including an example of a model policy regarding the recording of police activity
Publication
2015
IACP
Yes
Investigatory Stops, Searches & Seizures
Rights of the Public
The National Initiative for Building Community Trust and Justice: Key Process and Outcome Evaluation Findings
Reviewing a summary of findings from an effort to promote changes in law enforcement culture, policies, and practices to enhance respectful policing and improve police-community relationships
Publication
2019
Urban Institute
Yes
Investigatory Stops, Searches & Seizures
Rights of the Public, Training, Data collection
Community-Police Engagement
Strategies to strengthen police-community relationships, partnerships, and dialogue
Tool
Law Enforcement
2020
IACP
No
Investigatory Stops, Searches & Seizures
Conducting Stops, Rights of the Public, Conducting Searches